Commonwealth Consolidated Acts

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Minister may cancel approval

             (1)  The Minister may, by writing, cancel an approval given to a person under section 24 if:

                     (a)  the person has not become an Australian citizen under section 28; and

                     (b)  either of the following 2 situations apply.

Eligibility criteria not met

             (2)  The first situation applies if:

                     (a)  the person is covered by subsection 21(2), (3) or (4); and

                     (b)  the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is:

                              (i)  not a permanent resident; or

                             (ii)  not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or

                            (iii)  not of good character.

Failure to make pledge of commitment

             (3)  The second situation applies if:

                     (a)  the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and

                     (b)  the person's reason for the failure is not one that is prescribed by the regulations for the purposes of this subsection.

Cancellation of child's approval

             (4)  If:

                     (a)  a child aged under 16 makes an application under section 21 at a particular time; and

                     (b)  1 or more responsible parents of the child make applications under section 21 at that time; and

                     (c)  the Minister decides under section 24 to approve the child and 1 or more of the responsible parents becoming Australian citizens; and

                     (d)  the Minister cancels the approval given to each responsible parent;

the Minister must, by writing, cancel the approval given to the child.

Effect of cancellation

             (5)  If the Minister cancels an approval given to a person, the approval is taken never to have been given.

Note:          A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. This subsection has the effect that the person will need to make another application if the person wants to become an Australian citizen.

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